DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7269)

OCEANIA UNIVERSAL UNIT TRUST (THE TRUSTEE FOR) T/AS OCEANIA UNIVERSAL PAVING AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 DECEMBER 2016

Application for approval of the Oceania Universal Unit Trust (The Trustee For) T/As Oceania Universal Paving Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Oceania Universal Unit Trust (The Trustee For) T/As Oceania Universal Paving Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Oceania Universal Unit Trust (Trading As Oceania Universal Paving Australia Pty Ltd) and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute involved the approval of the Oceania Universal Unit Trust and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The matter was heard in the Fair Work Commission, Australia's independent industrial relations tribunal.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, and whether it was in the best interests of the employees covered by the agreement. Specifically, the Commission had to consider whether the agreement provided fair and reasonable terms and conditions, and whether it promoted harmonious, productive, and cooperative workplace relations.

In its decision, the Commission determined that the agreement did comply with the requirements of the Fair Work Act 2009, and that it was in the best interests of the employees. The Commission found that the agreement provided fair and reasonable terms and conditions, and that it promoted harmonious, productive, and cooperative workplace relations. The Commission also noted that the agreement contained provisions for the resolution of disputes, and that it provided for the protection of employees' rights and interests.

The Commission approved the agreement, subject to certain conditions. These conditions included the requirement that the parties provide the Commission with a report on the implementation of the agreement within six months of its approval, and that the parties notify the Commission of any changes to the agreement within 30 days of those changes being made. The Commission also imposed a requirement that the parties provide employees with a copy of the agreement within 14 days of its approval.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established